Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 458:16-a · Property Settlement

Title
XLIII: DOMESTIC RELATIONS
Chapter
458 · ANNULMENT, DIVORCE AND SEPARATION
Status
current
Official source linked
Yes
Official source Copy section link

458:16-a Property Settlement. –

Copy link
I.

Property shall include all tangible and intangible property and assets, real or personal, belonging to either or both parties, whether title to the property is held in the name of either or both parties. Intangible property includes, but is not limited to, employment benefits, vested and non-vested pension or other retirement benefits, or savings plans. To the extent permitted by federal law, property shall include military retirement and veterans' disability benefits.

Copy link
II.

When a dissolution of a marriage is decreed, the court may order an equitable division of property between the parties. The court shall presume that an equal division is an equitable distribution of property, unless the court establishes a trust fund under RSA 458:20 or unless the court decides that an equal division would not be appropriate or equitable after considering one or more of the following factors:

Copy link
(a)

The duration of the marriage.

Copy link
(b)

The age, health, social or economic status, occupation, vocational skills, employability, separate property, amount and sources of income, needs and liabilities of each party.

Copy link
(c)

The opportunity of each party for future acquisition of capital assets and income.

Copy link
(d)

The ability of the custodial parent, if any, to engage in gainful employment without substantially interfering with the interests of any minor children in the custody of said party.

Copy link
(e)

The need of the custodial parent, if any, to occupy or own the marital residence and to use or own its household effects.

Copy link
(f)

The actions of either party during the marriage which contributed to the growth or diminution in value of property owned by either or both of the parties.

Copy link
(g)

Significant disparity between the parties in relation to contributions to the marriage, including contributions to the care and education of the children and the care and management of the home.

Copy link
(h)

Any direct or indirect contribution made by one party to help educate or develop the career or employability of the other party and any interruption of either party's educational or personal career opportunities for the benefit of the other's career or for the benefit of the parties' marriage or children.

Copy link
(i)

The expectation of pension or retirement rights acquired prior to or during the marriage.

Copy link
(j)

The tax consequences for each party.

Copy link
(k)

The value of property that is allocated by a valid prenuptial contract made in good faith by the parties.

Copy link
(l)

The fault of either party as specified in RSA 458:7 if said fault caused the breakdown of the marriage and:

Copy link
(1)

Caused substantial physical or mental pain and suffering; or

Copy link
(2)

Resulted in substantial economic loss to the marital estate or the injured party.

Copy link
(m)

The value of any property acquired prior to the marriage and property acquired in exchange for property acquired prior to the marriage.

Copy link
(n)

The value of any property acquired by gift, devise, or descent.

Copy link
(o)

Any other factor that the court deems relevant. II-a. Tangible property shall include animals. In such cases, the property settlement shall address the care and ownership of the parties' animals, taking into consideration the animals' wellbeing. Upon petition of either party, the court may review and modify the property settlement agreed to previously only as it pertains to this paragraph.

Copy link
III.

If either or both parties retain an ownership interest in an education savings account held on behalf of a child of the marriage, including a qualified tuition program under 26 U.S.C. Section 529, the court may, in its discretion, preserve the account for its original purpose or may treat the account as property of the marriage subject to equitable division under this section.

Copy link
IV.

The court shall specify written reasons for the division of property which it orders.

Copy link
V.

The court shall not require a party to sell a piece of marital property if one party is able to fully and fairly compensate the other party for his or her interest in it and the sale is not required for an equitable division of property between the parties. Source. 1987, 278:1. 2000, 178:1. 2004, 136:3, eff. May 19, 2004. 2019, 130:1, eff. Aug. 24, 2019. 2022, 186:1, 2, eff. Jan. 1, 2023.

Copy link

Source note

Source. 1987, 278:1. 2000, 178:1. 2004, 136:3, eff. May 19, 2004. 2019, 130:1, eff. Aug. 24, 2019. 2022, 186:1, 2, eff. Jan. 1, 2023.

Source history

  • 1987, 278:1
  • 2000, 178:1
  • 2004, 136:3, eff. May 19, 2004
  • 2019, 130:1, eff. Aug. 24, 2019
  • 2022, 186:1, 2, eff. Jan. 1, 2023

Related materials

Bill relationships

  • 2026 HB1210 amend · effective 2027-01-01

    llocation in child support cases. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Paragraph; Child Tax Credit Allocation. Amend RSA 458:16-a by inserting after paragraph III the following new paragraph: III-a. A party ordered to pay child support in an annual amount greater than the amount of the federal tax credit for a dependent child or children shall be

  • 2026 HB1260-FN amend · effective 2027-01-01

    e marriage applicant's names and place of residence; and the date of the marriage ceremony. 13 New Sections; Annulment, Divorce, and Separation; Miscellaneous Provisions. Amend RSA 458 by inserting after section 51-a the following new sections: 458:51-b Confidentiality of Certain Divorce Records. I. For purposes of this section: (a) “Uncontested divorce” means a divorce proceeding in which b

  • 2026 HB1263 amend · effective 2026-07-01

    his section shall be subject to termination, suspension, or modification consistent with civilian retirement pay under this chapter. 5 New Paragraph; Property Settlement. Amend RSA 458:16-a by inserting after paragraph I the following new paragraph: I-a. Disposable military retirement pay shall be distinguished from military retirement benefits and shall not be considered marital property subject to di

  • 2026 HB1615-FN reference · effective 2027-01-01

    law governing licensed marriage, divorce, legal separation, annulment, spousal support, child custody, parental rights, and related matters, including but not limited to RSA 457, RSA 458, RSA 461-A, RSA 490-D, and applicable doctrines of equity. VIII. "Filing" means submission of a document to the department of state for administrative purposes only, not constituting judicial review, recording, or a

  • 2026 HB1757 reference · effective 2027-01-01

    of reimbursement alimony is to compensate the payee for economic or non-economic contribution to the financial resources of the payor, where the property subject to division under RSA 458:16-a is either inappropriate or inadequate to provide such compensation. The contribution to the payor's financial resources may include support of education or job training, or an investment of time or money. The following

  • 2025 HB170 amend

    elative to the division of military pensions during divorce proceedings. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Military Retirement and Disability Benefits. Amend RSA 458:16-a, I to read as follows: I. Property shall include all tangible and intangible property and assets, real or personal, belonging to either or both parties, whether title to the property is held in the name of eit

Opinions and discipline decisions mentioning this RSA